COMMISSIONER FURCHTGOTT-ROTH RENEWS CALL FOR C BLOCK
DELAY
Friday's decision in GWI PCS 1 et al v. United States, Case No. 99-11294 (5th Cir.
October 20, 2000) creates yet another twist in the long road traveled by the Commission's
C Block licensees. The Court's decision to "respectfully disagree" on a number of issues
with the Second Circuit's decision in Nextwave casts renewed doubt on the proper scope
of the Communications Act on the one hand and the Bankruptcy code on the other. I
continue to believe the C Block re-auction currently scheduled for December 12, 2000
should be delayed until the legal cloud surrounding these licenses dissipates. As I
indicated in early September, "[w]e should not endeavor to rush into a re-auction that may
only exacerbate the already vast troubles suffered by all parties concerned." The Fifth
Circuit's decision does not alter my view; in fact, Friday's decision serves to emphasize
that the litigation regarding this issue is not yet final. In the current legal environment, a C
Block re-auction would be a risky proposition. After all the challenges faced by the C
Block, it is not a risk I am willing to take.
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For more information regarding this release please contact Bryan Tramont 202-418-2000
or Btramont@fcc.gov.